Unit 2- Chapter 15 The Federal Courts Government

Justiciable dispute

issues capable of being settle as a matter of law

Judicial implementation

how and when court decisions are translated into actual policy and thus affect individuals behavior - The courts rely on other units of govt. to enforce their decisions

Judicial Activism

an Approach to decision making in which judges sometimes make bold policy decision, even charting new constitutional ground

Judicial restraint

an approach to a decision making in which judges try and play a minimal role in policymaking roles and defer to legislatures whenever possible

Appellate Jurisdiction

juridisiction of courts that hear cases brought to them on an appeal from lower courts - these courts don't review facts on legal issues

statutory construction

judicial interpretaion of an act of congress. When this is an issue, congress passes new legislation to clarify

Court of Appeals

Federal Appallete courts empowered to review all final decisions of district courts, except in rare occasions. In addition they hear appeals to order of many federal regulatory agencies

District Courts

All federal courts with original jurisdiction, only federal courts where trials are held and which juries may be impanelled

Original Jurisdiction

refers to jurisdiction of courts that hear a case first, usually in a trial - these courts determine the facts

AMicus Cruiae Briefs

Legal briefs submitted by "a friend of the court" to influence a courts decision by raising new points of view and information not contained in formal briefs of parties

Class Action Lawsuits

When a small number of people sue representing a larger number of individuals in similar situations

standing to sue

the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or likely to sustain a direct or substantial injury from another party or government

Marbury v. Maddison

the 1803 case in which cheife justice john Marshal asserts the ability of the Supreme court to determine the constituationality of other branches actions and legislation. Estabished judicial review

Stare Decisis

latin phrase meaning " let the decision stand", most apallete courts rae settle on this principal

Opinion

statement of legal reasoning behind a judicial decision, context of the opinion can sometimes be more important than the decision itself

Solicitor General

refers to the presedential appointed position that is 3rd ranking in the Department of justice in charge of appallete court litigation of the federal government

Senatorial Courtesey

An unrwitten translation whereby nominations for state-level federal judicial posts are usually not confirmed if they are opposed by a sentaor of the Presedent's party from the state in which the nominee will serve. The tradition also applies to courts of appeals when there is opposition from a senator of the president's party who is from the nominee's state.

Supreme Court

The pinacle of the American Judiciary System. The Court ensures uniformity in interpretation of law, resolves conflict between states, maintains national supremecy in law - has both original and appallette jurisdiction

Originalism

a view that the constitution should be interpreted to the original intentions and meaning of the framers

Precedent

how similar cases have been decided in the past

Political Questions

A doctrine developed by the federal courts and used as a means to avoid deciding some cases, princially those involving conflicts between the president and congress

Judicial Review

The power of the courts to deterine whether acts of congress and, by impication, the executive are in accord with the U.S constitution. It was established by John Marshall and his associates in Marbury V. Madison